G.R. Majithia, J. - (1.) THIS judgment will dispose of C.W.P. No. 9876 of 1988 and C.W.P. No. 3748 of 1989 since common questions of law and fact arise for adjudication. I have alluded to the facts as given in C.W.P. No. 9876 of 1988, for adjudicating the dispute.
(2.) THE facts - - The Department of Technical Education in the State of Haryana directed the Principal, Regional Engineering College, Kurukshetra to introduce a special Degree Course for Diploma holders in the employment of Haryana State under its various Technical Departments and other allied public sector undertakings in the year 1981 -82. The Petitioners, who are Junior Engineers, were selected to undergo the Three -Year Degree Course in various batches starting in 1982 -83, 1983 -84 and 1984 -85. They have successfully completed the said Course and have joined back as Junior Engineers in the Irrigation Department. They claim that the period for which they were undergoing the Three -Year Degree course is not being counted as on duty with full pay and allowances and they are not being paid the pay and allowances admissible under the Rules for the period they were sponsored and undergone the Three -Year Degree Course. In the petition they have cited instances that the employees who had gone for higher studies were treated on duty with full pay and allowances. On these premises mandate is being sought from this Court to the Respondents to treat the duration of the Three -Year Degree Course as being on duty with full pay and allowances.
(3.) RESPONDENT No. 2 in his reply pleaded that a policy decision was taken for providing opportunity for higher technical education to those employees who were already in service of the State of Haryana. Respondent No. 1, decided that those officials who were selected for the special Degree Course shall proceed on leave of the kind due. Pursuant to the Policy decision, the Petitioners requested for sponsoring their names for the Special Degree Course. The claim of the Petitioners for consideration for promotion to the Haryana Service Engineers Class II, P.W.D. (B & R) was denied. It was denied that the Petitioners were entitled to claim the salary for the period of the said degree course. The Petitioners were also not entitled to the benefit of personal pay in the form of advance increments in view of the Government's instructions dated January 10, 1983 (Copy Annexure R -2). The following two points arise for determination: (i) Whether the non -grant of study leave to the Petitioners who have improved their qualifications although envisaged under the Rules is arbitrary; and (ii) Whether the Petitioners have been discriminated inasmuch as the employees of the State of Haryana, who had, improved their qualifications while in service prior to 1982 were given personal pay in the form of increments ranging from one to four and this benefit has been denied to the Petitioners.;